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C&RL News The “first sale” doctrine gives the owners of copyrighted works the rights to sell, lend, or share their copies without having to obtain permission or pay fees. The copy becomes like any piece of physical property; you’ve purchased it, you own it. You cannot make copies and sell them—the copyright owner retains those rights. But the physical book is yours. First sale has long been important for libraries, as it allows them to lend books without legal hurdles. The first sale doctrine originated in the 1908 Supreme Court decision Bobbs-Merrill Co. v. Straus. The publisher had put this notice on its novel: “The price of this book at retail is $1 net. No dealer is licensed to sell it at a less price, and a sale at a less price will be treated as an infringement of the copyright.” At the time, copyright owners enjoyed the “sole right . . . of printing, reprinting, publishing, and vending.” The Court held that Congress did not intend for the “vending” right to extend beyond the initial sale: “one who has sold a copyrighted article, without restriction, has parted with all right to control the sale of it. The purchaser of a book . . . may sell it again, although he could not publish a new edition of it.” The year after the Bobbs-Merrill decision, the first sale doctrine was codified in the copyright statute, and it is currently in section 109(a) of our copyright law. You own your books. At least the physical ones. First sale produces a number of benefits. Allowing consumers to sell their copies of copyrighted works creates a competitive market for less expensive second-hand goods. The person who “can’t wait” for the new Harry Potter pays for the hardback. The casual fan waits for the paperback. The impoverished Potter-lover can buy the used book. And, of course, first sale makes it possible for libraries to fulfill their “vital function in society” by enabling the unrestricted lending of books.

<i>Last</i> sale?: Libraries’ rights in the digital age